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Case No. 21-0352

State of Iowa
Kim Tielebein


State of Iowa


Kim Tielebein

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellant

Martha J. Lucey, State Appellate Defender, and Stephan J. Japuntich (until withdrawal), Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 11, 2022

            Appeal from the Iowa District Court for Buchanan County, Kelly M. Lekar, Judge.  CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J. (10 pages)

           Kim Tielebein appeals from his conviction of eluding or attempting to elude a law enforcement vehicle, enhanced as a habitual offender.  He argues that there was insufficient evidence to support the findings that he reached a speed of more than twenty-five miles per hour in excess of the speed limit.  He also challenges the sentence imposed, ordering him to pay court fees for dismissed misdemeanor traffic violations.  OPINION HOLDS: We find substantial evidence supported Tielebein’s conviction for eluding or attempting to elude a law enforcement vehicle.  On Tielebein’s claim over the court costs assessed on charges dismissed, we remand to the district court for an order correcting the sentencing order and removing the payment requirement for the category “B” costs.

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